Trampoline landed on my car

[Oceanbird]

a big trampoline in my cross-street neighbor's back yard flew over the fence and landed on the top of my car parked on the street in front of my house, causing major damages. Is this a natural dissaster or can it be negligence by the neighbor for not properly securing the trampoline to the ground (suggested by most trampoline manufacturers for windy places - I am in Dallas, tornado is not rare). Insurance companies of this resident (they rent the house), the property owner, and my own (only liability coverage on this car) all denied compensation. So I am wondering if the neighbor should be responsible for it. Having sent a couple of letters to the neighbor without getting a response, Should I go to the Justice Court? Do I have a case? Thanks much!!!

 

[Michael Wechsler]

I don't disagree with you on the negligence claim. But how did the trampoline land on your car? Was there a sudden tornado? I'm guessing, like you, that the trampoline wasn't properly secured to the ground and this is why your neighbor doesn't want to talk. If he doesn't answer the letters, it may be time to go to court if he doesn't answer one more friendly phone call. Good luck.

 

[Oceanbird]

thanks, more thoughts...

Much thanks Professor! It was a strong wind, not really a tornado, but some weak fences were blowed down including part of this neighbor's fence. Some trees were also broken. I guess he could claim that he did secure the trampoline, it's hard for one to prove he didn't and to prove the wind is not strong enough to blow the secured trampoline loose... So, the question could become: Let's assume he did secure the trampoline to the ground, but the wind was just strong enough to blow it loose and caused the damage to my car. In this case, does any of his insurance policy or the landlord's insurance policy should cover my loss (already denied). Do I still have a case? Thanks!